FISHING LEASE AGREEMENT (TENNESSEE)
THIS AGREEMENT (the “Lease”) made effective as of the _____ day of __________________, _________.
[NAME OF LANDOWNER]
(the “Lessor”, such term to include and be binding upon Lessor’s successors and assigns)
- and -
Those individuals and/or organizations listed on “Schedule A” to this Lease, which is made a
part hereof by reference thereto
(the “Lessee”, such term to include and be binding upon the Lessee(s), Lessee’s servants,
employees, invitees, guests, agents, contractors, successors and assigns)
For the term and in consideration of the rental hereinafter set forth, and the covenants, conditions and
obligations to be observed and performed by Lessee, Lessor hereby grants unto Lessee the rights and
privileges set out in this Lease and “Schedule A” hereto (which is made a part of this Lease by reference
thereto), to protect and take fish on certain contained non-navigable bodies of water, at such times as
fishing is permitted by the laws and regulations of the United States and the State of Tennessee in force
and effect on the lands of Lessor set out below:
[insert a complete description of the land, including address, deed number, number of acres, etc.]
County of ______________________, State of Tennessee
Terms and Conditions
1. The term of this Lease is for a period of _____________ (________) [insert the number of years in both
words and numerals] year(s), commencing on the _____ day of ______________, ________ and
terminating on the ________ day of _________________, _________. The grant of any extension or
renewal hereof, as well as the terms and conditions governing such extension or renewal, shall be
at Lessor’s sole discretion, and shall not be effective unless reduced in writing and executed by
2. a. An initial rental fee of _____________ dollars ($__________) per year shall be paid in
advance to Lessor at ______________________________ [insert address where payment must
be made]. Payment may be made by personal check, cashier’s check, money order, or valid
credit card prior to the commencement of the Lease term.
b. The annual Lease fee after the initial year of the Lease term (if applicable) shall be subject
to negotiation between the parties. The annual Lease fee after the initial year shall be
agreed to in writing, a minimum of sixty (60) days prior to the expiration of the then
current Lease year. If either of the foregoing conditions are not met, then the Lease shall
be terminated on the last day of the then current Lease year. “Lease Year” refers to each
twelve (12) month period commencing on the month and day that this Lease term
c. Failure to make any payment hereunder when due shall forthwith terminate and cancel
this Lease and the amount of rent already paid by Lessee shall be forfeited as liquidated
damages for the breach of this Lease.
3. Lessee recognizes, understands, and acknowledges that Lessor has acquired and holds the
Property for the purposes of _________________________ [insert a description of what the property is
used for], and Lessee agrees that all rights and privileges hereunder granted are, and shall be, at
all times expressly subject to Lessor’s basic and primary rights to prevent any fire, waste,
nuisance, or damage to the Property or the value thereof, and to develop, use, enjoy, and protect
the Property without limitation. Lessee’s exercise of any of Lessee’s rights hereunder shall in no
way impede or hinder Lessor from the full enjoyment of the Property as described above. If
necessary, expedient, or advisable, Lessor shall have the right to immediately prohibit, curtail, or
suspend all fishing on the Property upon written notice thereof to Lessee, or Lessor may
terminate this Lease as provided in Paragraph 7 herein.
4. [delete this paragraph if Lessee is being granted exclusive rights] Lessee understands and agrees that
the fishing rights granted hereunder are not exclusive and that Lessor may grant fishing rights to
5. Lessee acknowledges that Lessor reserves the right to limit fishing on any and all leased lakes to
preserve the quality of the fisheries. In the event of such a limitation, Lessor shall provide Lessee
with thirty (30) days prior written notice.
6. Lessee further expressly covenants and agrees that:
a. Whether Lessee is a corporation or not, Lessee shall provide the name, address, and
driver’s license number of any and all guests of Lessee to whom the privileges of fishing
on the Property have been granted by Lessee prior to such guests fishing on the Property.
Lessee shall also provide Lessor with the dates and times that any such guests shall fish
on the Property.
b. Neither Lessee nor Lessee’s guest(s) shall engage, or permit any other persons to engage,
in any commercial fishing or recreational pursuits on the Property, except as specifically
permitted by Lessor in writing.
c. Lessee shall not sell or sublease Lessee’s fishing rights on the Property, nor make any
charge on a commercial basis, to Lessee’s guest(s) for the privilege of fishing or recreation
on the Property.
d. Lessee shall use every precaution to protect the Property from damage, of any sorts, and
Lessee shall assist and exercise every effort to correct any damage made to the Property
during the term of this Lease. Should any damage to the Property be the result of
negligence on the part of Lessee or Lessee’s guest(s), Lessor shall have the right to
immediately terminate this Lease without notice and any rental amounts already paid
shall be forfeited to Lessor. Additionally, Lessor shall be entitled to recover from Lessee
any loss caused to Lessor, including, but not limited to, reasonable attorney’s fees.
e. Lessee, and Lessee’s guest(s), when using the Property, shall comply with any and all
laws, ordinances, and regulations pertaining to environmental matters and shall not
permit any hazardous materials (as defined by applicable law) to be placed or kept on
the Property. Additionally, Lessee, and Lessee’s guest(s), shall not cause any pollution to
air, ground, or water from Lessee’s use of the Property, and shall make no use of the
Property which involves any disturbance to surface water, including, but not limited to,
drainage, retention, or storage thereof.
f. Lessee shall conform strictly with local, state, and federal laws and regulations governing
fishing, and Lessee shall report any and all violations of laws and regulations, and shall
assist law enforcement officers. If fishing is only permitted during certain times of the
year which are not congruent with the term of this Lease, the term of this Lease shall be
modified to conform with applicable regulations. Lessee, guests, and invitees shall be
subject to inspection by the Tennessee Wildlife Resources Agency.
7. a. Except as otherwise provided in writing, either party may terminate this Lease, for any
reason, upon providing the other party with thirty (30) days prior written notice thereof.
b. Should Lessor terminate this Lease without cause, Lessor shall refund Lessee any
prepaid rental amounts on a prorated basis, governed by the time within the then current
Lease year that the Property has been available to Lessee and the time that it has not been
available for fishing.
c. Should Lessor terminate this Lease with cause, or should Lessee terminate this Lease, no
prepaid rental amounts shall be subject to refund and Lessor shall retain all such
amounts, not as penalty, but as liquidated damages for breach of this Lease.
8. Lessee shall maintain and conduct all activities on the Property in a clean and litter-free manner.
Any and all dumping or littering is expressly prohibited and Lessee further agrees periodically to
inspect the Property and to remove any and all unauthorized trash.
9. The rights granted under this Lease are restricted solely to the right to fish. Such right to fish is
subject to any rights that Lessor may care to exercise over the Property. Agricultural and
environmental management activities will take precedence over fishing activities. The rights
granted to Lessee hereunder are further subject to the rights of any oil, gas, and mineral leases
presently in existence on the Property, or that may be executed during the term of this Lease. The
parties hereto agree to cooperate so that the respective activities of one will not unduly interfere
with the other.
10. The rights and privileges granted herein shall not be assignable, transferable, or sublicensed by
Lessee, except with the express written consent of Lessor. Any attempts by Lessee to assign,
transfer or sublicense the privileges granted by this Lease without the consent of Lessor as
provided herein shall be void ab initio and shall result in the immediate termination of this Lease
11. Should Lessee fail or refuse to pay the aforesaid rental fee at the time and in the manner set out
herein, or should Lessee fail to perform any of the other covenants or undertakings on its part
herein contained, or violate any of the conditions hereof, Lessor shall have the right to terminate
this Lease immediately and, upon written notice of such termination, delivered to Lessee in
accordance with Paragraph 33 herein, may enter upon the Property and take possession thereof
without further notice, and may expel Lessee from the Property with or without process of law.
In the event of such termination, Lessee shall not be entitled to any reimbursement of rental
amounts paid. No delay or forbearance on the part of Lessor shall be deemed a waiver of Lessor’s
right to exercise this option upon any subsequent default by Lessee.
12. Lessee shall inform Lessee’s guests of their obligations and responsibilities under this Lease.
13. Lessor and Lessor’s guests reserve the unlimited right to hunt and/or fish on the Property.
Additionally, Lessor reserves and shall at all times have the full, free and absolute right and
authority, for himself, his agents, family, employees, and others from time to time authorized by
Lessor, to go upon and over the Property for any purpose whatsoever, including, but not limited
to, planting, cutting, removing, protecting, caring for, and dealing with all or any portion of the
14. Lessee will be provided with a key/combination to the lock maintained on the gate to the access
road to the Property. At no time shall Lessee take any action to exclude, bypass, or lock-out
Lessor from the Property, either through the use of said lock or any other method.
15. Lessee shall indicate the boundaries of the Property leased hereunder with durable signs that
clearly indicate Lessee’s name and address.
16. If Lessee is an organization composed of several members, the word “Lessee” shall apply to the
organization and to any or all of its members, and the terms and conditions of this Lease shall
apply to each and every member. The terms and conditions of this Lease shall also apply to any
and all guests of the organization and its members. All members of such organization shall be
required to carry a current valid membership card while on the Property, and all guests of the
members will be issued a visitor’s card signed by the organization’s president, gr